TRIPURA STATE ELECTRICITY CORPORATION LTD. Vs. BISWALAXMI DEBBARMA

JUDGEMENT

(1.) Heard Ms. S. Debgupta, learned counsel appearing for the appellant as well as Mr. P. Saha, learned counsel appearing for the respondents.

(2.) This appeal under Section 96 of the CPC arises from the judgment dated 17.07.2017 delivered in Money Suit 41 of 2015 by the Civil Judge, Senior Division, West Tripura, Agartala (Court No.1). By the said judgment, the Civil Judge has observed that the persons namely Subal Debbarma and Bindumala Debbara [wife of Subal Debbarma] who died due to electrocution has died for negligence committed by the appellants, as they have failed to maintain service line connecting the house of Subal Debbarma from the electric pole. Having noticed this negligence, the Civil Judge awarded a sum of Rs.5,76,000/- for death of Subal Debbarma and another sum of Rs.5,76,000/- for death of Bindumala Debbarma.

(3.) Being aggrieved by that finding and assessment of damage, this appeal has been filed on two fundamental grounds of objection, viz; (i) the appellant did not have any responsibility of maintaining the service lines/electric wires as that line was part of the domestic electrical system of the deceased namely, Subal Debbarma and (ii) while making the assessment, the Civil Judge did not deduct the personal expenses to find out the loss of dependency. For purpose of appreciating those grounds, it is required to set out briefly the essential facts which are mostly undisputed.